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The third Part introduces the intentionalism elaborated by Richard Ekins as an improved jurisprudential foundation for an approach to statutory interpretation in theory that dovetails significantly with Justice Scalia's textualism in practice.
This assumption, opponents of intentionalism believe, is wrong.
22) This Part critically examines this debate and concludes that both purposivism and intentionalism are ultimately ill-suited to judicial regulatory interpretation.
In the second section, I advance one version of moderate hypothetical intentionalism as a positive alternative.
Canada between intentionalism and purposivism with the effect being that
4) The move from intentionalism to textualism in the context of statutory interpretation thus parallels the relative decline of original intent jurisprudence and the rise of original public meaning jurisprudence in the constitutional context.
Legal scholarship on statutory interpretation recently has attempted to provide a theoretical footing for various approaches to statutory interpretation, most significantly the intent-based approaches of purposivism and intentionalism and their counterpoint, textualism, from which pragmatic interpreters borrow.
But there may be an independent theoretical motive: intentionalism about phenomenology.
The book describes and evaluates the various approaches to using history in deciding constitutional questions, including historicism, intentionalism, and originalism.
In order to study the deterrence concept and its understanding among the factory owners, these researches applied intentionalism approach--where the actual meaning of the information is determined by the research participants and interviewees (Collingwood, 1946).
Chapters 5 and 6 consider presently what are the two most prominent theories: intentionalism and disjunctivism.
36) Favouring dynamic interpretation over intentionalism allows Courts to consider the ever-changing social and moral conditions that inform the content of human rights, rather than allowing those standards to be dictated by state parties.